The Trials and Tribulations of Wen and Shen

MT Insurance Law Blog

On September 20, 2012, Justice Stevenson of the Ontario Superior Court of Justice in the decision of Wen v. Unifund Assurance Company, ordered that the insureds in this case “must take responsibility for their own actions and for their own...

Focusing on the Next Generation: Age Discrimination?

Canadian Labour & Employment Law Blog

Discrimination in the workplace is unfortunately more common than one might expect and may be based on the age of a senior employee and the desire to promote younger employees. Can one clearly label the attitude of certain managers towards...

ONCA Reverses Pastore

September 27, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has released its decision in Pastore v. Aviva, allowing the appeal and restoring the Director’s Delegate’s order. In Pastore, the claimant was involved in a car accident on November 16, 2002. She suffered a...

QUÉBEC COURT OF APPEAL: No duty to disclose unfounded allegations of dishonest conduct to potential employer

September 24, 2012

Canadian Labour & Employment Law Blog

Author: Marie-Pier Côté In a very interesting and unanimous decision[1], the Québec Court of Appeal has recently ruled that an employee faced with unfounded allegations of embezzlement does not have to disclose such accusations to a potential employer during the...

FSCO approves medicinal marijuana: shocking, but for a different reason

MT Insurance Law Blog

There is always controversy regarding the approval of novel treatment modalities, and medical marijuana is no different. At first blush it seems sensational that marijuana would be approved as a reasonable and necessary treatment, as was decided in T.N. and...

Grandma isn’t Always to Blame

MT Insurance Law Blog

Juliet Bratanov’s 18 year old grandson used her van to run-down and kill Kevin Persaud after a drug deal gone bad. Persaud’s family consequently commenced an action against Bratanov claiming that Bratanov was vicariously liable for the actions of her...

Scents and Sensitivities

Canadian Labour & Employment Law Blog

Employers often face a variety of complaints from employees about health concerns due to individual conditions. One Ontario employer recently faced a Human Rights complaint for its failure to eliminate all scents from the workplace in the case of Kovios...

MT Insurance Law Blog

A recent Ontario Court of Appeal decision has addressed the extent to which a lessee is covered by a lessor’s auto insurance policy for property damage that the lessee incurred to its cargo in an accident. In Siena-Foods Ltd. v....

Attendant Care: Beware

MT Insurance Law Blog

Insurers defending retroactive claims for Attendant Care Benefits on the basis of a claimant’s failure to submit an “Application for the Benefit” by means of an Assessment of Attendant Care Needs – Form 1 (“Form 1”) had best beware. Until...

Split ONCA Rules IE Expenses Not Recoverable in Loss Transfer

September 11, 2012

MT Insurance Law Blog

In a 2-1 split, the Court of Appeal for Ontario has held that the provincial loss transfer scheme does not allow a first party insurer to recover from the second party insurer any insurer examination expenses relating to accident benefits....

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The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.